Problem: Submitted feedback is being contested
02-22-2009: Astralnavigator initiated process
02-23-2009: Audioraider submitted response
Astralnavigator describes the events as follows:
Buyer purchased two pairs of 12AX7 from me January 23 and paid promptly by Paypal. Regular air mail was quoted and paid. Tubes were mailed January 25. He initiated a Paypal claim February 14, after apparently emailing me furiously despite it not being at all unusual for an INTERNATIONAL shipment to take several weeks to arrive. I was not aware of his emails as the email address I use for Audiogon and Ebay is only used for those purposes, and I had not been looking at that address since I had not posted any listings subsequent to this one. Note that he NEVER attempted to communicate with me through my Paypal address which I do view regularly. Upon seeing his Paypal complaint, I promptly send out identical replacement tubes AND added another pair of high value tubes for the trouble, despite misgivings over whether he received the initial package or not. However, regular air mail from Canada is not trackable, and I cannot initiate a postal claim before 30 days have elapsed, so I ensured the buyer obligation was fulfilled by couriering replacements plus bonus by Fedex at my cost. The Fedex package was delivered and signed for By him last Thursday. Despite this, he continued to maintain his claim of non-receipt through Paypal, and Paypal on February 22 DISALLOWED his claim as there was clear evidence of receipt.
My belief is that he is attempting to fraudulently obtain not only the first set of tubes, but the second set by attempting a false claim of non-receipt. Upon receipt of the second package, he was required to immediately abandon his Paypal claim, he did not.
His intents can be validated by the listing he has currently on Audiogon which states "I must get some cash together quickly to pay some bills. " Obviously, he tried to do so here, but unfortunately for him, he didn't anticipate that I would courier more product to him and absorb the losses as a result. Seems that he is in financial difficulty and he is looking for scams to fund that.
Astralnavigator is requesting the following resultion:
Please remove the feedback he has left for me which is false. Please allow the feedback I have left for him to remain as he has not acted with honesty. You may wish to keep an eye on him, as Audiogon is not the place for people in difficulty to be playing dishonest games.
Audioraider describes the events as follows:
As he admits in his email, he never checks his account and never responded to any of my emails. I was not aware of another email account but it is his responsibility to check the email that he has listed for his Audiogon account, but the fact remains that after not receiving the tubes for three weeks and after sending numerous emails with no response, I filed a Paypal claim. He only shipped the tubes AFTER the Paypal claim was filed. He did this and did it through Fedex because when Paypal contacted him about my claim he could not show them that he had ever shipped the tubes and could not show them that the tubes were ever received. Anyone who has used Paypal knows you can not run a scam in the way that this person accuses me of. All the shipper has to do is show proof of delivery, after the claim was filed he sent the package fedex and then sent them that proof so the case was dismissed. After all of that, the tubes I received were not as advertised, he sent three pair and two sets were not even matching tubes, they are completely different tubes and therefore completely worthless. I have been doing business on Audiogon for years and have perfect feedback! This person just started using Audiogon and clearly does not understand how to do business in an up front and honest way. This person can say anything he wants about my financial situation but the reason my current ad says I need cash is because I am selling a $650 subwoofer to purchase two Fathom subs for almost $10,000! It is not because I am hurting and need to scam anyone for $159. This person is a lair, he knows it and I know it and all the documentation shows that I am telling the truth and he is lying. I have been an attorney for 20 years and have dealt with many people like him before. Unfortunately this is a common tactic, He knows He did something wrong and instead of acting like a man and taking responsibility for his actions he tries to turn it around and make the other party look guilty. Not only is this approach Juvenal and usually fails but it will fail again in this case because ALL of the documentation proves me wright and him wrong. If you want proof of what I am saying ask him to show you the receipt for the shipment he claims he sent on the 25th and ask him to show any delivery confirmation before the Paypal claim was filed. He won't be able to show either because he is lying. As far as turning this around to accuse me of fraud, this idiot clearly has no understanding of the law and how costly a Liable suit is going to be for him.
Audioraider's proposed resolution:
As long as he continues to lie about shipping the tubes and after admitting that he never read or responded to any of my emails his negative feedback should be eliminated from my account. It has no basis in fact and therefore is Liable. I would be willing to update my negative feedback on his account to reflect that I did finally receive the tubes but only after being forced to file a Paypal claim and the tubes I received were not as advertised.
Astralnavigator's rebuttal:
He is just a complete liar, pathetically claiming to be an "attorney" (first attorney I've come across who can't pass grade 3 spelling) but tossing pitiful words around. He is a PLAYER - he knows FULL WELL he LOST his paypal claim and I can prove it, he knows FULL WELL that he received an earlier package from me that is not traceable as regular air mail from Canada is NOT trackable, he filed to get his money back from paypal WELL BEFORE the norms for international delivery, and he was NOT MAN ENOUGH to abandon his phony paypal claim after receiving WELL MORE than he paid for - at MUCH HIGHER COST. Even more pitifully from this little man, he know for the FIRST TIME attempts to claim defect with the product. Disgraceful.
FACT - he knew full well my email address, he used it for his paypal payment and his subsequent claim.
FACT - He got more than he paid for.
FACT - the MINUTE I became aware there was a problem I sent him exactly what he paid for (never claimed in my ad the tubes were "matched", dude)and more.
FACT - I went well out of my way to make this buyer more than whole.
FACT - his non-receipt claim was REJECTED by Paypal.
EARTH TO Audioraider - I'm sure that "Liable" suit will cost me a bunch, sweetheart, but you might want to try a LIBEL suit or the judge will be laughing as hard as I am.
This guy is a pathetic liar.
PLEASE REMOVE HIS SILLY FEEDBACK AND LET MINE STAND - thanks.
As of 02-24-2009, Audiogon is requesting input from members regarding this dispute. |
